August 2013
Our Purpose is Progress
Trooper
Our Goal is Excellence
Page 3
BILLBOARD
Continued from page 1 and universally used to convey our commitment to the public. This is a source of pride in the duties that we perform, not something to be ashamed of, as Mr. Sampson would indicate by his remark. Please carefully read the attached correspondence, referenced above, for your review resPeCTfully, DaNa a. PullMaN ______________________________
Regards dt Dennis J. Towle Chief of Police Town of Sutton 4 Uxbridge Road Sutton, MA 01590 ______________________________ #2 From: Gulliver, Jonathan (DOT) Sent: Wednesday, May 29, 2013 1:12 PM To: 'Chief Dennis J. Towle' Cc: Fenton, Eileen (DOT) Subject: RE: document Chief Towle; As discussed, we have reviewed this matter with MassDOT’s Legal Department. Chapter 86, Section 10 of the Acts of 2008 expressly authorized the Secretary of Transportation and Public Works, in consultation with the Secretary of Public Safety, to promulgate regulations and guidelines for the use of Police Details at public work sites. As per the CMR, MassDOT’s Resident Engineer for this project through this office will determine the number and placement of Road Flaggers and Police Details, if any, within the construction zone. Where Police Details are determined to be necessary they will be ordered up along primary jurisdictional boundaries. As a State Highway, Route 146 is under the primary jurisdiction of the Massachusetts State Police while local roads are under the primary jurisdiction of the Sutton Police Department. In accordance with the CMR, this office shall make the final determination on the setup and the use of traffic control devices in the construction zone and the contents of the construction zone safety plan developed in accordance with 701 CMR 7.00, and shall have control and responsibility over the safety, security, and closure of the construction zone. Further, MassDOT may implement an alternative plan to the construction zone safety plan or may use Road Flaggers in place of Police Details or Police Details in place of Road Flaggers when a scheduled Road Flagger or Police Detail is unavailable. I have instructed staff to maintain strict compliance with the CMR. As such, we will be including the Sutton Police Department in the preconstruction conference to discuss traffic control on local roadways prior to the start of construction. In cases where work conducted on local roadways does not involve the use of Police Details MassDOT will call the Sutton Police Department prior to the start of each work day, and will provide contact information for the responsible MassDOT staff for the day. Should you require more information on this matter, please feel welcome to contact Eileen Fenton, Esq. Thank you, Jonathan L. Gulliver District 3 Highway Director, MassDOT ______________________________ #3 From: Chief Dennis J. Towle Sent: Tuesday, June 04, 2013 2:16 PM To: Gulliver, Jonathan (DOT); Chief Dennis J. Towle Cc: Fenton, Eileen (DOT) Subject: RE: document Jonathan, Thank you for the reply. I do have a few questions that perhaps you can answer if not – I assume Attorney Fenton would, perhaps, have the answers. I understand how the resident engineer is responsible for traffic plans etc. I guess what I am having a hard time understanding is the decision making process that is put to use when assigning these personnel. At the get go of this quandary – I was told by you and Barry Lorion at our meeting that you assign details to the agency who “books the crashes”. Specifically, I made reference to the two Worcester officers and Shrewsbury officers who were literally working outside of your front door on Route 9. Your answer to me seemed fair – why not give the work to the individuals who have investigative authority on the road- hence their presence at your front door………… With that being the case, my first question is – WHY is 146 in Sutton any different? It is NOT a limited access road. It has been deemed our business district and by everyone’s accord: we book the crashes. Up until recently – we have been the sole law enforcement agency conducting enforcement on that road. In fact – I would argue that this road is more like route 9 than probably any other road in the state. I would ask for a definition of “local roads” as you mention in the below detail. Would these “local roads” include roads where homes, businesses, daycares, bus stops, and major intersections are located? If so; it is apparent that 146 meets the definition as a “local road”. I have a hard time with getting your “answer” only to prove that this is the exact case in Sutton and then being offered the term of “primary jurisdiction”. I would like a copy of that law, cmr, statute, and or regulation which gives state police primary jurisdiction. Certainly, it must exist somewhere as it is frequently lauded by them. Please – forward that to me. Lastly, I have other concern ?\?H]?H ?[]Y ? [?K?\?H???\???[??? ?H H [??X?\??\?HXX?[] H?]\?Y?H HX???]Z[ ?? HX???]Z[??X?\?? ??\?HX? X[ H ?\?[?Y?\? [?\? ?\?Y[?[??[?Y\?\??Y?? [K?\??X?[YHHXZ??\??YH??^H\\?Y[? \?[?? 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